And Assembly Democratic Majority Speaker Sheldon Silver following the State of the State said Republicans and Democrats agree on 95 percent of the gun control package.

But that final 5 percent, which is said to include differences on an assault gun ban and magazine size, is a difficult issue.

Both sides have been negotiating into the early morning hours for several days with the sticking points centering on an assault gun ban, which Republicans oppose as well as broadening the ban on large magazines.

Following the speech, lawmakers on both sides were accentuating the areas of agreement.

“I was glad to hear the governor mention mental health,” said western New York GOP Sen. Catharine Young who has long pushed for an expansion of Kendra’s Law that mandates mental health treatment for people with psychiatric issues and who run afoul of the law. Like other Republicans, she also wants tougher penalties for gun crimes but has steered clear of calling for a ban on assault-style weapons.

While not consuming more time than other initiatives in the governor’s speech, the event started with a presentation of flags to relatives of the two firefighters killed in last month’s Webster, NY ambush, which served to remind attendees that tragic shooting sprees aren’t confined to Newtown, Conn.

Here is Cuomo’s outline:

Safe and Fair Gun Policy: There have been far too many lives claimed as a result of gun violence in recent years, from Columbine, to Virginia Tech, Aurora, Newtown, and Webster. New York once led the way: ‘Sullivan’s Law’ of 1911 was the nation’s first gun control law—a model law that required a permit for possession of a hand gun. The time has come to make New York safer and once again lead the way for other states to follow.

· We Must Pass the Toughest Assault Weapons Ban in the Country: New York’s ban on assault weapons is so riddled with loopholes and so difficult to understand that it has become virtually unenforceable. While state law bans magazines with a capacity greater than ten rounds of ammunition, the law exempts magazines manufactured prior to 1994. Because magazines are not generally stamped with a serial number or other mark that would identify the date of manufacture, it is virtually impossible to determine whether a large capacity magazine was manufactured prior to 1994. In order to fix this problem, the Governor proposed tightening our assault weapons ban and eliminating large capacity magazines regardless of date of manufacture.

· Preventing Private Sales to Prohibited Persons: While New York mandates that individuals buying guns from dealers or at gun shows be checked to determine whether they have a criminal record, suffer from mental illness, or otherwise are in a category of persons prohibited from owning guns, no such checks are done when a gun is sold privately. The Governor announced that he will propose requiring that any sale in New York State between private parties be subject to the same background checks.

· Enhanced Penalties: To effectively deter the flow and use of illegal guns on our streets, the Governor announced that he will propose enhancing penalties for those who illegally buy guns, for those who use guns on school property, and for those who engage in violent and serious drug-related gang activity.

· Reporting by Mental Health Professionals: Governor Cuomo announced that he will propose measures to ensure that when a mental health professional determines that a firearm owner is likely to engage in conduct that would result in serious harm to self or others, that risk may be reported and the gun removed by law enforcement authorities.

· One State, One Standard: Currently, licenses for handguns are issued by the county in which the gun owner lives, many of which are valid for life. As a result, while certain checks are run at the time a license is issued, once a license is obtained, there is no subsequent check to determine whether the holder is still eligible to own a gun. The Governor announced that he will propose a single standard across the state to ensure that appropriate checks can be run to bar convicted felons and other prohibited people from possessing firearms.

· Combating Gun Violence in the State’s Most Violent Neighborhoods: The state will continue to implement programs that successfully reduce gun violence in high-crime neighborhoods. Pilot programs currently under way that employ a series of actions, including law enforcement, community members and service providers delivering a message that conveys facts about the consequences of further violence, have resulted in big reductions in gun violence over a short period of time.